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87- ..104637 MODIFICATION OF EASEMENT On July 31, 1986, The Prudential Insurance Company of America granted an easement to Glenwood H. 'Hargens and Jane H. Harms, husband and wife, over and across certain lands in the West Half of the Northeast Quarter of Section 23, Township 11 North, Range 10, West of the 6th P.M., Hall County, Nebraska, all as more fully set out in the Easement Agreement recorded in Hall County, Nebraska, September 19, 1986, as Document No. 86- 105313. WHEREAS, The Prudential Insurance Company of America has conveyed the West Half of the Northeast Quarter of Section 23, Township 11 North, Range 10, West of the 6th P.M. to Barry W. Niedfelt ("Niedfelt"). WHEREAS, Niedfelt wishes to relocate the presently existing easement; and WHEREAS, Hargens are willing to accept the relocation of the easement on the occurrence of certain conditions. NOW, THEREFORE, Barry W. Niedfelt does hereby grant to Glenwood H. Hargens and Jane H. Hargens, husband and wife, as joint tenants, an easement over and across the North 10 feet of the West Half of the Northeast Quarter of Section 23, aforesaid, for a drainage ditch on the following conditions: 1. Grantee will not use the easement granted hereby unless and until the Owner of the survient estate has cleared the area over which the easement was granted by Document No. 86- 105313 and give Grantee notice that the Owner of the premises is prepared to cultivate the easement area granted by that Document. 2. If Grantee hereunder has had expense in deepening and repairing the drainage ditch for which the easement was granted by Document No. 86- 105313, then Owner must, as conditions precedent to giving notice to Grantee provided in Paragraph 1 above, provide a similar facility for Grantee's use upon the easement granted hereby. Thereafter, the Agreement between the parties as recorded as Document No. 86- 105313 shall remain in full force and effect except that the location of the easement shalt be changed. 3